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10 February 2023 / Dr Ping-fat Sze
Issue: 8012 / Categories: Features , International justice
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Hong Kong: legal future in doubt?

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The denial of Jimmy Lai’s right to be defended by a lawyer of his choice casts serious doubt on Hong Kong’s legal future, says Dr Ping-fat Sze
  • The decision of the first instance court, the appeal court and the final appeal court to allow a London silk to represent Hong Kong businessman Jimmy Lai, awaiting trial on national security charges, is now pending a final determination from the National People’s Congress in Beijing.
  • Non-compliance with mandatory provisions of Hong Kong’s Basic Law seems to depend on the circumstances in question. The appointment of temporary judges by the chief justice serves as an apt example of this.

The rule of law in Hong Kong hit the headlines again at the end of last year, as the justice secretary turned to Beijing to stop a leading London silk, Tim Owen, defending Jimmy Lai against sedition and collusion charges under the national security law (see Baron Pannick, ‘Hong Kong media trial is crunch time for its rule of law’, The Times, 5 December 2022).

Barristers overseas

Jimmy

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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